Offer contract
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
1.2. Carefully read the text of this Public Offer Agreement, and if you do not agree with any of its clauses, we suggest that you refuse to purchase the Goods. In the event of acceptance of the terms of the Public Offer Agreement, you agree to all its terms and confirm that you understand all its provisions.
1.3. This Agreement is addressed to an unlimited number of persons and is an official public offer of the Seller to conclude with the Buyers a contract of purchase and sale of Goods by remote means, photos of which are posted at https://www.viktor-cherkasky.com
1.4. By fully agreeing to this Public Offer Agreement, the Buyer accepts the terms and conditions and procedure for placing an order, paying for the goods, delivering the goods, and accepting liability for an unscrupulous order and for failure to fulfill the terms of this Agreement.
2. DEFINITION OF TERMS
2.1. Site – a website located on the Internet at the address: https://www.viktor-cherkasky.com/, including all its web pages.
2.2. VICTOR CHERKASKY online store – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling goods, work or services by means of an electronic transaction.
2.3. Offer – this document “Public Offer Agreement” (hereinafter referred to as the “Agreement”), published on the Internet at the address: https://www.viktor-cherkasky.com/.
2.4. Acceptance – the Buyer’s full and unconditional consent to the Seller’s offer to conclude this Agreement on the terms and conditions stipulated by the Public Offer Agreement, which is drawn up in one of the ways specified in this Agreement.
2.5. User of the VICTOR CHERKASKY online store website – a person who has access to the website via the Internet and uses the online store website, and who views information on the website and/or orders and/or receives Goods/services using the technical tools of the website.
2.6. Registration – filling out the appropriate form on the website by the User with the required data.
2.7. Personal data – information or a set of information about an individual who is identified or can be specifically identified.
2.8. Product – a list of product names published on the online store website, presented in the online store, indicating the price, name and description of the product and accompanied by its image.
2.9. Seller – the owner of the Product offered on the online store website, the details of which are indicated in the invoices for payment and/or shipping documents.
2.10. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase the Goods presented on the website of the online store for purposes not related to entrepreneurial activity, or a legal entity.
2.11. Order – the Buyer’s decision to purchase the Goods by properly completing the Buyer’s request for purchase and delivery to the address specified by the Buyer, selected on the website of the Goods.
2.12. Buyer’s personal account – a page of the website containing the history of Orders placed on the website and personal information specified during registration. The Buyer’s personal account may also contain other information, the scope of which is determined by the Seller independently.
2.13. Recipient – the Buyer, or a person who, on behalf of the Buyer, actually receives the Goods that were delivered by the Seller’s own forces or by the Carrier Company.
2.14. A significant defect of the Goods is a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination appears again for reasons beyond the consumer’s control and is endowed with at least one of the following features: a) it cannot be eliminated at all; b) its elimination requires more than fourteen calendar days; c) it makes the Goods significantly different from what is provided for in the contract.
2.15. Courier delivery is the direct transfer of the Goods from an employee of the delivery service or a courier or forwarding service to the Buyer at the place specified by the Buyer as the delivery address, on paid or free terms.
2.16. Delivery service/Carrier company is third parties that provide services for the delivery of Orders to the Buyer.
2.17. The Agreement may use terms not defined in section 2 of the Agreement. In this case, the interpretation of the term is carried out in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, the interpretation of the term determined: first of all – by the legislation of Ukraine, secondly – on the website, then the generally accepted interpretation that has developed.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. This Agreement regulates the purchase and sale of goods in the online store, including:
– voluntary selection by the Buyer of the Goods in the online store;
– independent registration by the Buyer of an order in the online store;
– payment by the Buyer of an order placed in the online store;
– processing and delivery of the order to the Buyer under the terms of this Agreement.
3.2. This Agreement applies to all types of Goods presented on the site, as long as such offers with a description are posted in the VICTOR CHERKASKY online store.
3.3. The Buyer is obliged to independently familiarize himself with the terms of this Agreement, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement other than by publishing it on the website https://www.viktor-cherkasky.com/.
3.4. By concluding this Agreement, the Buyer confirms that he is familiar with the information about the Goods sold under the terms of this Agreement, namely regarding its shape, appearance, design, color, size, quality, the characteristics of the material from which the Goods are made, as well as information about its manufacturer, is aware of such characteristics of the Goods and their meaning, and agrees to purchase such Goods with such characteristics.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. This Agreement regulates the purchase and sale of goods in the online store, including:
– voluntary selection by the Buyer of the Goods in the online store;
– independent registration by the Buyer of an order in the online store;
– payment by the Buyer of an order placed in the online store;
– processing and delivery of the order to the Buyer under the terms of this Agreement.
3.2. This Agreement applies to all types of Goods presented on the site, as long as such offers with a description are posted in the VICTOR CHERKASKY online store.
3.3. The Buyer is obliged to independently familiarize himself with the terms of this Agreement, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement other than by publishing it on the website https://www.viktor-cherkasky.com/.
3.4. By concluding this Agreement, the Buyer confirms that he is familiar with the information about the Goods sold under the terms of this Agreement, namely regarding its shape, appearance, design, color, size, quality, the characteristics of the material from which the Goods are made, as well as information about its manufacturer, is aware of such characteristics of the Goods and their meaning, and agrees to purchase such Goods with such characteristics.
4. REGISTRATION ON THE SITE
4.1. By registering on the website of the VICTOR CHERKASKY online store, you guarantee that you are of legal age and have the necessary civil capacity to use the online store website.
4.2. Any person under the age of 18 may use the online store only with the consent of their parents or guardians.
4.3. Registration on the site is carried out at https://www.viktor-cherkasky.com/.
4.4. Registration on the site is not mandatory for placing an Order.
4.5. By registering on the website of the online store and ordering Goods through the online store, the Buyer confirms his full and unconditional agreement with all the provisions and rules posted on this site.
4.6. Everyone who registers and makes purchases on the website in the online store provides their personal data and agrees to their processing under the terms specified in the Privacy Policy.
4.7. When registering on the website in the online store – creating an account, the Buyer accepts the terms of the Privacy Policy, the Public Offer Agreement by accepting in one of the following ways:
1) By adding the Product to the virtual cart and clicking the “Place order” button on the online store on the order processing page.
2) By clicking the “Place order” or “Buy in 1 click” button.
3) By clicking the “Create account” or “Register” button.
4) By ordering the Product through social networks or messengers.
5) By paying for the order in full or in part under the terms of this Agreement.
4.8. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4.9. The User undertakes not to disclose to third parties the login and password specified by the User during registration.
4.10. Communication between the User/Buyer and representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swear words, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form in which they were addressed and to whom.
4. REGISTRATION ON THE SITE
4.1. By registering on the website of the VICTOR CHERKASKY online store, you guarantee that you are of legal age and have the necessary civil capacity to use the online store website.
4.2. Any person under the age of 18 may use the online store only with the consent of their parents or guardians.
4.3. Registration on the site is carried out at https://www.viktor-cherkasky.com/.
4.4. Registration on the site is not mandatory for placing an Order.
4.5. By registering on the website of the online store and ordering Goods through the online store, the Buyer confirms his full and unconditional agreement with all the provisions and rules posted on this site.
4.6. Everyone who registers and makes purchases on the website in the online store provides their personal data and agrees to their processing under the terms specified in the Privacy Policy.
4.7. When registering on the website in the online store – creating an account, the Buyer accepts the terms of the Privacy Policy, the Public Offer Agreement by accepting in one of the following ways:
1) By adding the Product to the virtual cart and clicking the “Place order” button on the online store on the order processing page.
2) By clicking the “Place order” or “Buy in 1 click” button.
3) By clicking the “Create account” or “Register” button.
4) By ordering the Product through social networks or messengers.
5) By paying for the order in full or in part under the terms of this Agreement.
4.8. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4.9. The User undertakes not to disclose to third parties the login and password specified by the User during registration.
4.10. Communication between the User/Buyer and representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swear words, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form in which they were addressed and to whom.
5. ORDERING PROCEDURE
5.1. The online store website contains information on the characteristics of the Goods, prices for the Goods, materials from which they are made and the approximate availability of these Goods with the Seller.
5.2. When ordering the Goods, the Buyer selects the Goods from the assortment offered by the Seller, indicating, in particular, the size, color, if necessary, providing other specific information and indicating the number of ordered Goods.
5.3. At any stage of placing an order until its placement, the Buyer may cancel the order by terminating the order process and leaving the order page. An order that the Buyer has not completed is not accepted by the Buyer for execution.
5.4. The Seller ensures the availability of the Goods presented on the site in its warehouse. The photographs accompanying the Goods may differ slightly from the actual appearance of the Goods, due to the peculiarities of color reproduction of various devices used to display the site. The description/characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors.
5.5. The description of the Product contained on the online store website contains complete information about the available sizes. A Product of an unavailable size cannot be added to the basket, but it can be added to the wish list.
5.6. In special cases (for example, if many Buyers order the same Product at the same time), it may be unavailable. In this case, the Buyer will be informed that the order cannot be processed within the time limits set by the Seller.
5.7. In the event that the Goods ordered by the Buyer are not in the Seller’s warehouse, the Seller has the right to exclude the specified Product from the Order/cancel the Buyer’s Order, notifying the Buyer thereof by sending a corresponding e-mail to the address specified by the Buyer during registration, or in another way.
5.8. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid for.
5.9. The Buyer is fully responsible for providing false information, which caused the Seller to be unable to properly fulfill its obligations to the Buyer.
5.10. After placing an Order on the website, the Buyer is provided with information about the estimated delivery date by sending an e-mail to the address specified by the Buyer during registration, by phone or in a messenger. The manager servicing this Order clarifies the details of the Order, agrees on the method and date of delivery, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required to process and deliver the Order.
5.11. The expected date of delivery and transfer of the Order is notified to the Buyer by the manager servicing the Order, by e-mail or during a control call to the Buyer.
5.12. The Buyer independently places the Order in the online store through the “basket” or “personal account” form.
5.13. The Seller has the right to refuse to transfer the Goods to the Buyer if the information specified by the Buyer when placing the Order is incomplete or raises suspicions about their validity.
5.14. In the absence of the Goods, the Buyer has the right to replace it with another Product, refuse this Product or cancel the Order.
5.15. When placing an Order, the Buyer must accurately indicate the recipient’s details. Incorrect information provided by the Buyer may prevent the Order from being fulfilled at the specified time. In this case, delivery is postponed until the data is corrected.
5.16. The term for forming an Order is carried out within two business days from the moment of its placement. If the Order is sent on a weekend or holiday, the term for forming begins on the first business day after the weekend.
5.17. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, the Buyer may contact the Seller by any available means.
5.18. When placing an Order for Goods on the website of the VICTOR CHERKASKY online store, the Buyer undertakes to provide the following information:
5.18.1. last name and first name of the Buyer or the person specified by him (recipient);
5.18.2. address to which the Goods should be delivered (if delivery is to the Buyer’s address);
5.18.3. e-mail address;
5.18.4. contact phone number;
5.18.5. payment method;
5.18.6. delivery method.
If necessary, the Buyer can add a comment.
5.19. The name, characteristics, color, size, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the VICTOR CHERKASKY online store.
5.20. If the Seller needs additional information, he has the right to request it from the Buyer. In the event that the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing Goods in the online store.
5.21. The Seller has the right to refuse the Buyer to process the order and place it if the Buyer has not picked up the Goods two or more times in a row
6. PRICE AND PAYMENT PROCEDURE
6.1. The price of each individual Product is determined by the Seller and indicated on the website of the VICTOR CHERKASKY online store. The Order Price is determined by adding the price of all Products included in the Order, which is equal to the amount payable, which is indicated on the website of the online store when placing the Order at the time of its placement.
6.2. The Contract Price is equal to the Order Price. The Order Amount may vary depending on the price, quantity or nomenclature of the Product.
6.3. The price of the Product indicated on the website at the time of placing the Order includes all tax calculations and is the final price, binding on both the Buyer and the Seller. The Seller may change the price of the Product unilaterally until the order is placed.
6.4. Ordering the Goods means the formation of an Order and (or) its payment in cash or non-cash funds, depending on which comes first, subject to Acceptance of this Agreement.
6.5. The Buyer pays for the Goods in accordance with the Order. The Buyer independently chooses one of the following payment methods: – cash payment; – non-cash payment.
6.6. Payment for the Goods in cash can be made in a retail store at the time of placing the Order or at the time of transfer of the Goods.
6.7. Payment for the Goods in cash is made:
1) by bank transfer to the Seller’s current account specified in the invoice, including via Internet banking.
2) by cash on delivery upon receipt of the Order at the delivery service of Nova Poshta LLC.
3) through the online payment service of Nova Poshta LLC “Payment Control”. In case of payment through the specified service, the cost of the Goods increases by the amount of the Nova Poshta commission.
4) By credit card of the following type: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro.
5) using the WayForPay payment system. 6) by any other method agreed with the Seller.
6.8. Payment for the Goods is made in the national currency of Ukraine.
6.9. The order is considered paid from the moment the payment is received on the Seller’s or his representative’s bank account.
6.10. The price of the Goods indicated on the online store website may be changed unilaterally by the Seller. After placing an order, the price cannot be changed, regardless of any price adjustments made by the Seller and any special offers or sales with discounts.
6.11. The Seller reserves the right to unilaterally change the prices of the Goods available on the online store website, start selling new Goods, offer and cancel special offers on the online store website or change them.
6.12. The Goods are not reserved until the Buyer’s funds are credited to the Seller’s account. The Seller cannot guarantee the availability of the Seller’s Goods in the quantity specified at the time of placing the Order, as a result of which the Order processing time may increase.
6.13. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds in full.
6.14. Orders are accepted for execution only after receipt of funds in the amount of 100% of the cost of the Goods to the Seller’s account, except for choosing the “Postpay” payment method under the condition of delivery of the Goods by “Nova Poshta”, or in the case of self-pickup of the order from a retail store and choosing the payment method in such a store.
6.15. Payment for the order by postpay at the offices of the “Nova Poshta” delivery service is possible upon making a prepayment in the amount of 300 to 500 UAH, depending on the delivery address. Payment of the second part for the order is the full amount of payment minus the prepayment, and the commission for this payment method, according to the terms of the delivery service.
6.16. Notification of payment of the Order is sent to the Buyer to the email address, messengers or by SMS to the phone number that was specified when placing the Order.
6.17. In the absence of receipt of funds, the online store reserves the right to cancel the order.
6.18. The Buyer pays for payment system and terminal services, bank fees, etc. additionally.
6.19. Delivery services are not included in the cost of the Goods and are paid by the Buyer separately. The delivery cost depends on the selected method of delivery of the Goods and the delivery address.
6.20. When ordering Goods outside the territory of Ukraine, the Seller adds the cost of delivery to the cost of the Goods in accordance with the tariffs of the Carriers, in which case the Buyer makes a 100% prepayment of the cost of the Goods and delivery.
6.21. The Buyer understands and agrees that if the Goods purchased in the online store are delivered outside Ukraine, the cost upon receipt of the parcel may depend on the additional cost of tax in the territory of the recipient’s country. The amount of customs duty is determined by the competent authorities of the recipient’s country.
6.22. In accordance with Article 8 of the Law of Ukraine “On Protection of Consumer Rights” during the sale of Goods, the SellerThe seller is obliged to issue a payment document (check, invoice, etc.) of the established form indicating the date of sale to the buyer (client). It confirms the fact of purchase. The payment document can be issued with the consent of the buyer in the form of an electronic payment document (e-document) to the client’s number, via messengers or to the email address provided by the client. The payment document must be issued or created in electronic form no later than the moment of shipment/transfer of the Goods.
7. TERMS OF DELIVERY OF THE GOODS
7.1. When placing an Order, the Buyer must clearly indicate the requirements for its delivery. The Buyer agrees with the online store manager the procedure and terms of delivery of the Goods made at the time of placing the purchase or when placing an order on the website.
7.2. The shipment of the Goods to the Buyer occurs after the Buyer receives 100% payment.
7.3. If payment for the Goods after delivery is selected, order processing begins immediately after its placement.
7.4. In the event that the Goods are not in stock or the order cannot be processed for any other reason, the Seller immediately contacts the Buyer with proposals for possible solutions. In this case, the delivery time for the Goods increases and begins to be calculated from the moment the Goods arrive at the warehouse.
7.5. Together with the Order, the Recipient is provided with documents stipulated by current legislation.
7.6. Delivery and return of the Order is carried out by delivery services (hereinafter referred to as the Carriers) at the expense of the Buyer, unless otherwise provided for by the Agreement or applicable law. The total delivery time within the territory of Ukraine cannot exceed 9 days.
7.7. The total delivery time of the Goods consists of the Order processing time and the delivery time. The Order processing time is from one to two business days. The delivery time is from 1 to 7 days, depending on the address of the settlement.
7.8. The delivery time may be longer for sales at reduced, promotional prices or special campaigns. The delivery time may be increased by the Seller unilaterally for various reasons, about which the Seller notifies the Buyers on the website of the online store.
7.9. In the event of a delay in delivery of the Goods through no fault of the Seller, the delivery period may be extended by 30 (thirty) calendar days, provided that the Seller notifies the Buyer in advance of the delay by sending a corresponding message to the Buyer’s e-mail or by phone specified by the Buyer. Such extension of the terms does not constitute a breach of the obligation under the Agreement.
7.10. Delivery of the Goods is carried out throughout the territory of Ukraine and beyond its borders.
7.11. When delivering the Goods to other cities of Ukraine or to the territory of another country, which is carried out by Carriers, the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carriers.
7.12. The cost of delivery in the online store is not indicated, since it depends on the current tariffs of the Carriers.
7.13. The cost of delivery of the Goods within the territory of Ukraine is paid by the Buyer in accordance with the tariffs of the Carriers. The exact cost of delivery is determined by the Carrier. It is also possible to collect the Goods from retail stores (free of charge)
7.14. Collecting the Goods: after placing an Order, the Buyer can pay and receive his Goods from the moment the Seller notifies him that the order is ready at the following address:
Ukraine, Lviv, 2 Cathedral Square (Market Square), Cherkasy, 256 Shevchenko Blvd., Kremenchuk 21 Lenina St., 3rd floor, Poltava 60A European St.
7.15. If the Buyer has chosen the method of delivery of the paid Goods by collecting the Goods, the Buyer or his authorized representative must provide a document confirming payment for the Goods. In the absence of a document of payment, such Goods will not be transferred to the Buyer or his authorized representative.
7.16. The Seller is not responsible for the delivery times of the Order, if they depend on the actions of third parties (carriers).
7.17. Upon receipt of the goods, the Buyer must make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of defects/damage, shortages, record them in an act, which must be signed by the person directly carrying out the delivery together with the Buyer. If possible, the defects must be recorded by means of photography or video recording. Within 1 (one) day from the moment of receipt of the Goods, the Buyer is obliged to notify the Seller’s manager of the detected defects (damage/incomplete set) and agree on the replacement of the Goods. The parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall recognize the receipt of the Goods in good condition – without any damage or defects.
7.18. The fact of receipt of the Goods and the absence of complaints about the quality of the Goods delivered by the Carriers shall be confirmed by the Buyer by his own signature on the consignment note, the declaration of the Carrier, or in the expense invoice upon receipt of the Goods.
7.19. The Buyer has the right to refuse the delivered Goods. In case of refusal, the Buyer shall pay in full the Seller’s transportation costs incurred by him for delivering the Goods to the Buyer’s city and returning the Goods to the Seller’s city in accordance with the tariffs of the courier service or the Carrier.
7.20. In case of refusal of the Goods, the payment for the services of the Carrier is deducted from the amount paid by the Buyer for the Goods. The remaining amount shall be returned to the Buyer on the basis of his letter sent to the e-mail support@bazhane.com.
8. CONDITIONS FOR EXCHANGE AND RETURN OF GOODS
8.1. The Buyer has the right to return the Goods of proper quality to the Seller if the Goods did not satisfy him in shape, style, color, size or for other reasons cannot be used by him for its intended purpose.
8.2. The Buyer has the right to return the Goods of proper quality within 14 (fourteen) days, excluding the day of purchase.
8.3. The Buyer has the right to exchange the Goods of proper quality for a similar one from the Seller from whom it was purchased, if the Goods did not satisfy him in shape, style, color, size or for other reasons cannot be used by him for its intended purpose under the following conditions:
1) The Goods for exchange were provided to the Seller for no more than fourteen days, excluding the day of purchase.
2) The Goods may be replaced if they have never been used, do not contain traces of use and if their presentation, consumer properties, and labels are preserved.
3) The Goods do not contain scratches, chips, abrasions, there are no stains, snags, creases, or dents.
4) The completeness of the sold Goods is preserved.
5) The Goods do not belong to the category of underwear (nightgowns, underwear, etc.).
6) The Goods may be replaced upon presentation by the Buyer of a payment document, check, or transport documents issued to the Buyer together with the sold Goods, which confirm payment and receipt of the Goods.
8.4. If the Goods do not meet the conditions specified in clause 8.3., the Seller has the right to refuse to exchange/return the Goods.
8.5. The Buyer shall be refunded the cost of the Goods of proper quality within 7 (seven) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clauses 8.1. – 8.3. of the Agreement and the current legislation of Ukraine. Delivery of the Goods of proper quality to the Seller’s address shall be at the expense of the Buyer and the Seller shall not reimburse the Buyer.
8.6. If at the time of exchange a similar Goods is not available for sale, the Buyer has the right to either purchase any other Goods from the available assortment with an appropriate transfer of the cost, or terminate the contract and receive a refund in the amount of the cost of the returned Goods, or exchange the Goods for a similar one upon the first entry of the relevant Goods into sale. The Seller shall be obliged to notify the Buyer, who requests the exchange of the Goods, of this on the day the Goods enter the market.
8.7. When the Buyer returns the Goods of proper quality, the online store returns the amount paid for the goods upon return of the goods, minus compensation for the online store’s costs associated with delivering the goods to the Buyer, if any.
8.8. The return of the cost of the Goods is carried out using the same payment method that the Buyer used for the initial transaction, unless the Buyer expressly agreed to another solution proposed by the Seller. In any case, the Buyer will not be charged a fee related to the return of funds.
8.9. Non-food Goods of proper quality, the list of which is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, are not subject to return.
8.10. Consideration of the requirements stipulated by the Law of Ukraine “On Protection of Consumer Rights” is carried out by the Seller, provided that the Buyer provides documents stipulated by the current legislation of Ukraine.
8.11. The Seller is not responsible for defects in the Goods that have arisen after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
8.12. In the event of a replacement or return of the Goods, the Buyer or the Recipient must return the previous Goods in the same form in which they were delivered to him.
8.13. The Buyer must clearly notify the Seller of the return of the Goods in order to exercise the relevant right. There are several ways to do this:
8.13.1. By e-mail to the address: cherkasky.3d@gmail.com
8.13.2. By phone +38(067) 474-05-59
8.13.3. In the Viber or Telegram messengers;
8.14. Please note! Each of the methods of submitting a message is acceptable and all of them are equally effective. VICTOR CHERKASKY recommends using the application form provided by the Seller.
8.15. To return the Goods, it is necessary to:
8.15.1. Write or fill out the application proposed by the Seller for return;
8.15.2. Pack the Goods returned by the Buyer;
8.15.3. Attach an application for return of the Goods, which the Buyer receives in the parcel, and a payment document confirming the purchase of the Goods;
8.15.4. The Goods must have consumer properties, seals, labels;
8.15.5. The Goods must not be used and its Commercial appearance must be preserved.
8.16. The Buyer returns the Goods and properly executed return documents to the addresses specified in the “Return of Goods” section on the online store website. The Buyer must actually send the Goods of proper quality no later than 14 days from the date the Buyer notified the Seller of the exercise of his right to terminate the purchase and sale agreement and return the Goods. The deadline for return is considered not to have been exceeded if the Buyer sends the Goods before the expiration of the period established by this point.
9. QUALITY GUARANTEES OF GOODS. BUYER’S REQUIREMENTS RELATED TO DEFECTS OF GOODS
9.1. The warranty period for the Goods is set at 30 calendar days from the date of sale or from the beginning of the season. During this period, the Seller guarantees the proper quality of the Goods and the suitability of the Goods for operation.
9.2. Complaints (claims) for defects of the Goods can be filed within 30 thirty days from the date of purchase of the Goods. A complaint can be filed only if the defect is discovered during the warranty period, and the defect causes the Goods to not comply with the terms of the contract (set out on this website). The difference in design or design elements from those stated in the description on the Website is not a sign of the Goods being of inadequate quality.
9.3. After signing the accompanying documents, claims for external defects of the Goods, their quantity, or completeness are not accepted. That is, from the moment of delivery of the Goods until the moment of signing the accompanying documents, the Buyer must inspect the appearance of the Goods, check the quantity and completeness of the Goods in accordance with the placed order.
9.4. The submitted complaints (claims) must indicate the reasons for the complaint and the information necessary to identify the order. The Seller has the right to request additional information to make a decision on the Buyer’s complaint.
9.5. The Buyer must comply with the conditions (rules) of use of the Goods, which are indicated by the manufacturer on the relevant internal labels placed on the Goods.
9.6. In the event of detection of significant defects during the established warranty period, confirmed, if necessary, by an expert opinion, the Buyer has the right to demand termination of the contract and a refund of the amount paid for the Goods during the warranty period.
9.7. The Seller considers the complaint within 14 days from the moment of its receipt, and the Buyer is notified of the result.
9.8. If the submitted complaint is satisfied, the cost of the Goods is returned and the confirmed costs of returning the Goods of inadequate quality to the Seller are reimbursed.
9.9. At the Buyer’s request, the Seller may replace the Goods of inadequate quality with the same Goods of adequate quality, or any other model. If the Goods are replaced with another model, the cost of which exceeds the Goods of inadequate quality, the Buyer undertakes to make an additional payment for its cost. If the Goods are replaced with another model, the cost of which is less than the cost of the Goods of inadequate quality, the Seller returns the difference in cost to the Buyer.
9.10. If the complaint is refused, the Buyer receives a notification explaining that the complaint has been recognized as unfounded and providing the reasons for recognizing the complaint as unfounded.
9. QUALITY GUARANTEES OF GOODS. BUYER’S REQUIREMENTS RELATED TO DEFECTS OF GOODS
9.1. The warranty period for the Goods is set at 30 calendar days from the date of sale or from the beginning of the season. During this period, the Seller guarantees the proper quality of the Goods and the suitability of the Goods for operation.
9.2. Complaints (claims) for defects of the Goods can be filed within 30 thirty days from the date of purchase of the Goods. A complaint can be filed only if the defect is discovered during the warranty period, and the defect causes the Goods to not comply with the terms of the contract (set out on this website). The difference in design or design elements from those stated in the description on the Website is not a sign of the Goods being of inadequate quality.
9.3. After signing the accompanying documents, claims for external defects of the Goods, their quantity, or completeness are not accepted. That is, from the moment of delivery of the Goods until the moment of signing the accompanying documents, the Buyer must inspect the appearance of the Goods, check the quantity and completeness of the Goods in accordance with the placed order.
9.4. The submitted complaints (claims) must indicate the reasons for the complaint and the information necessary to identify the order. The Seller has the right to request additional information to make a decision on the Buyer’s complaint.
9.5. The Buyer must comply with the conditions (rules) of use of the Goods, which are indicated by the manufacturer on the relevant internal labels placed on the Goods.
9.6. In the event of detection of significant defects during the established warranty period, confirmed, if necessary, by an expert opinion, the Buyer has the right to demand termination of the contract and a refund of the amount paid for the Goods during the warranty period.
9.7. The Seller considers the complaint within 14 days from the moment of its receipt, and the Buyer is notified of the result.
9.8. If the submitted complaint is satisfied, the cost of the Goods is returned and the confirmed costs of returning the Goods of inadequate quality to the Seller are reimbursed.
9.9. At the Buyer’s request, the Seller may replace the Goods of inadequate quality with the same Goods of adequate quality, or any other model. If the Goods are replaced with another model, the cost of which exceeds the Goods of inadequate quality, the Buyer undertakes to make an additional payment for its cost. If the Goods are replaced with another model, the cost of which is less than the cost of the Goods of inadequate quality, the Seller returns the difference in cost to the Buyer.
9.10. If the complaint is refused, the Buyer receives a notification explaining that the complaint has been recognized as unfounded and providing the reasons for recognizing the complaint as unfounded.
10. RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The Seller has the right:
10.1.1. Unilaterally terminate the sale of Goods and the provision of services (refuse to place an Order/sell and deliver Goods) in the event of a violation by the User/Buyer of the terms of the Public Offer.
10.1.2. At its own discretion, unilaterally change the price of the Goods. In any case, the price of the Goods confirmed by the Seller in the Order remains unchanged.
10.1.3. In the absence of the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order or cancel the Buyer’s Order, necessarily notifying the Buyer thereof by sending a corresponding electronic message to the email address specified by the Buyer when registering or placing the Order (or calling the phone number specified by the Buyer or sending a message via messenger).
10.1.4. At its own discretion, unilaterally make changes to the terms of the Public Offer by placing (publishing) it in a new version on the website. The changes shall enter into force from the moment of their placement (publication), unless another term for the changes to enter into force is additionally specified when they are published.
10.1.5. Post information on the website about advertising events and marketing activities that are being or will be carried out by the Seller and/or third party partners of the Seller. Also, in accordance with the terms of this Public Offer and the Privacy Policy, send emails to the email address of the Users/Buyer with information about news, advertising events, marketing activities, and other commercial offers of the Seller.
10.1.6. Organize the delivery of Orders by involving third parties in the provision of delivery services.
10.2. The Seller undertakes to:
10.2.1. After confirming the Order, execute the duly executed and confirmed Orders.
10.2.2. Submit the Goods for delivery in accordance with the executed Order and the terms of the Public Offer.
10.2.3. Check the quantitative and qualitative characteristics of the Goods during their packaging and preparation for delivery.
10.2.4. In no way disclose information about the personal data of Users and Buyers, passwords and other access data.
10.2.5. Provide each User with the opportunity to refuse to receive advertising materials and other commercial offers of the Seller, which are sent by the latter to the e-mail address specified during registration on the site.
10.3. The User/Buyer has the right to:
10.3.1. Select the Goods, place and send the Order on the relevant pages of the site.
10.3.2. To require the Seller to fulfill the terms and obligations stipulated by this Public Offer.
10.3.3. To refuse to receive advertising materials and other commercial offers of the Seller sent by the latter to the User’s email address or to messengers.
10.4. The User/Buyer undertakes to:
10.4.1. Before Accepting this Public Offer, familiarize himself with all its terms and conditions.
10.4.2. To familiarize himself with the information about the Product (its description) posted on the website before placing and sending the Order.
10.4.3. To duly pay for and receive the Order executed in accordance with the terms and conditions of this Public Offer.
10.4.4. When registering and/or placing the Order, to provide the Seller with complete information necessary for the delivery of the Order. The User/Buyer is fully responsible for providing false information that has caused the Seller to be unable to properly fulfill its obligations to the User/Buyer.
10.4.5. Upon receipt of the Order, verify the integrity and completeness of the Goods by inspecting the contents of the Order. In the event of damage or incompleteness of the Goods, record all differences in the act.
10.4.6. Read the Rules for the carriage of goods of the Carriers before placing the Order.
11. LIABILITY OF THE PARTIES
11.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
11.2. The Parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement in the event of force majeure circumstances that arose after the signing of this Agreement. Force majeure circumstances include: natural disasters, strikes, changes in the current legislation of Ukraine, decisions of regulatory bodies, establishment of quarantine, declaration of war, hostilities, blockade, embargo, international sanctions. The Party for which force majeure circumstances have occurred is obliged to notify the other Party of such facts and indicate the approximate duration of such force majeure circumstances within 72 hours from the moment of their occurrence and documentary confirmation. Proper proof of the presence of force majeure circumstances is a certificate from the authorized body at the place of occurrence of such circumstances or at the place of location of the Party referring to such circumstances. In the event of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement shall be extended for the duration of the force majeure circumstances.
11.3. The Seller’s liability for changes in the terms of purchase of the Goods, compared to those specified on the website, is limited to the fact that the Buyer has the right to refuse to purchase the Goods and demand from the Seller a refund of the funds paid for it (if they were actually paid by the Buyer before the moment of transfer of the Goods).
11.4. The Seller is not responsible for the Buyer’s choice of the Goods, it only guarantees the conformity of the ordered items.
11.5. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state, or general principles of morality.
11. LIABILITY OF THE PARTIES
11.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
11.2. The Parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement in the event of force majeure circumstances that arose after the signing of this Agreement. Force majeure circumstances include: natural disasters, strikes, changes in the current legislation of Ukraine, decisions of regulatory bodies, establishment of quarantine, declaration of war, hostilities, blockade, embargo, international sanctions. The Party for which force majeure circumstances have occurred is obliged to notify the other Party of such facts and indicate the approximate duration of such force majeure circumstances within 72 hours from the moment of their occurrence and documentary confirmation. Proper proof of the presence of force majeure circumstances is a certificate from the authorized body at the place of occurrence of such circumstances or at the place of location of the Party referring to such circumstances. In the event of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement shall be extended for the duration of the force majeure circumstances.
11.3. The Seller’s liability for changes in the terms of purchase of the Goods, compared to those specified on the website, is limited to the fact that the Buyer has the right to refuse to purchase the Goods and demand from the Seller a refund of the funds paid for it (if they were actually paid by the Buyer before the moment of transfer of the Goods).
11.4. The Seller is not responsible for the Buyer’s choice of the Goods, it only guarantees the conformity of the ordered items.
11.5. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state, or general principles of morality.
12. DISPUTE RESOLUTION. CONSIDERATION OF CLAIMS.
12.1. In the event of disputes arising from the performance by the Parties of this Agreement, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to the collection of debt from the Buyer, compliance with the claim procedure is not required.
12.2. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with the legislation of Ukraine. When considering such disputes, the substantive and procedural law of Ukraine shall be used.
13. TERM OF THIS AGREEMENT
13.1. The Agreement shall enter into force upon acceptance by the Buyer and shall remain in effect until the Seller and Buyer have fully fulfilled their obligations.
13.2. This Agreement may be terminated early:
● by mutual consent of the Seller and the Buyer;
● by court order;
● in the event of force majeure.
14. OTHER CONDITIONS
14.1. The Seller may record conversations using appropriate telecommunication equipment provided that the Users/Buyers are notified of the fact of recording by verbal notice. Such recording may be made by the Seller for the latter to exercise their rights and legitimate interests, as well as to improve the quality of services, etc. The Seller is guided by the statement that the User/Buyer who does not agree to the audio recording of the conversation has the opportunity not to continue communicating with the manager of the online store after receiving a notification about the audio recording.
14.2. The Seller reserves the right to expand and reduce the product offer presented on the site.
14.3. The site and the services provided may be temporarily, partially or completely unavailable due to preventive or other work, or for any other technical reasons. The Seller’s technical service has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Users/Buyers.
14.4. If any provision (condition) contained in this Agreement or in any other document related to it becomes invalid, illegal, the validity and performance of the provisions of this document that remain will not be violated or weakened in any way, and such provision (condition) will be considered excluded from the Agreement.
14.5. The section titles included in this Agreement are used solely for convenience and should not be considered or interpreted as having significant meaning in interpreting the meaning of any provision of this Agreement.
14.6. By registering on the online store website, the Buyer gives the Seller consent to receive information messages from the Seller and its partners operating on the basis of the agreement with the Seller, using short message services (SMS) and e-mail.
14.7. At any time, the Buyer has the right to refuse to receive such mailings in the “My Account” section on the online store website.
14.8. The online store website contains materials, trademarks, brand names and other legally protected materials, including, but not limited to, texts, photographs, graphic images.
14.9. All objects available in the online store https://www.viktor-cherkasky.com/, including design elements, text, graphic images, illustrations, videos, photos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the online store), as well as any content posted on the website https://www.viktor-cherkasky.com/, are the objects of exclusive rights of the Administration of the online store and other copyright holders.
14.10. The use of content, as well as any other elements of online stores is possible only within the framework of the functionality offered by the online store. No elements of the content of the online store may be used in any other way without the prior permission/consent of the copyright holder. Use means, among other things: reproduction, copying, processing, distribution on any basis, display in a draw, etc. The exception is cases expressly provided for by the legislation of Ukraine. The use by the User of elements of the content of the online store, as well as any content for personal non-commercial use, is allowed provided that all copyright protection signs, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/name of the copyright holder is preserved unchanged, and the corresponding object is preserved unchanged. The exception is cases expressly provided for by the legislation of Ukraine.
14.11. All content of the online store website is protected by the legislation of Ukraine and international treaties.
14.12. The User/Buyer or any other third parties do not have the right to use the materials posted on the online store website, in particular: make changes, copy, publish, transfer to third parties, etc.
